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2025 DAILYLAW 153426 (ALL)

SHIVAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

NABAIL/906/2025 · 2025-07-24

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42566 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 906 of 2025 Applicant :- Shivam Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Abhinav Anand Verma,Jayant Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present application has been filed seeking anticipatory bail in FIR No. 0235 of 2025, under Sections 137(2) and 87 BNS, Police Station P.G.I., District Lucknow. Heard learned counsel for the applicant and the learned Additional Government Advocate for the State. It is alleged in the prosecution case that on 23.05.2025, the applicant, along with his friend Shivam, enticed away the minor daughter of the informant, who is stated to be 13 years of age. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is 18 years old and has no criminal antecedents. It is further submitted that there is no credible evidence to support the allegation, and the prosecution case appears to be based on conjecture. Learned Additional Government Advocate has opposed the prayer for anticipatory bail and submits that according to the school records the age of the victim has been found to be 13 years. Perused the record as well as the case diary produced by the learned A.G.A. A perusal of the case diary reveals that the victim in her statements recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita, has not supported the prosecution version. No injury either internal or external has been found in the medical examination of the victim and she has not been subjected to any radiological examination. The applicant is a young boy aged about 18 years and has no previous criminal antecedents. Considering the aforesaid facts and circumstances, and without expressing any opinion on the merits of the case, this Court is of the view that the liberty of the applicant deserves to be safeguarded in light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC OnLine SC 98. In view of the above, the application is allowed. It is provided that in the event of arrest, the applicant, Shivam shall be released on anticipatory bail in the aforesaid case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned, subject to the following conditions: The applicant shall cooperate in the investigation and shall not influence the witnesses. The applicant shall remain present as and when required by the arresting officer/investigating officer/S.H.O. concerned for investigation/interrogation. The applicant shall not leave India without prior permission of the Court. In case of breach of any condition, it shall be open to the investigating agency to move an appropriate application for vacation of this protection. Order Date :- 24.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench